What Does an EHCP Entitle You To?

Who is Eligible for an EHC Plan?

Children and young people under the age of 25 who have needs over and above what can met from within a mainstream school’s ordinary resources require an EHCP.

What's the Difference between IEP and EHCP?

An Individualised Education Plan (IEP) is a document often devised by school for anyone with any level of additional needs. It is put together by the school and should set out what your child needs. It is not legally binding.

An EHCP is a legally binding document and is only for those children who have needs which are over and above what can be met from within the resources ordinarily available to a mainstream school. Once an EHCP is in place, your Local Authority is under a legal duty to ensure that the provision specified within it is in place.

How Long Does The ECHP Stay In Place?

An EHCP can last until a young person turns 25. This means it can help them while they move from primary to secondary school and even when they go to college or other types of further education. An EHCP does not transfer to university or higher education.

An EHCP can only automatically lapse at the end of the academic year in which a young person turns 25. At any other time, the Local Authority must formally propose to cease to maintain an EHCP. They should only make such a decision when an EHCP is no longer necessary to meet a child’s needs. If a Local Authority makes this decision and the parent and/or young person disagrees with it, then the decision can be appealed to the SEND Tribunal. The Local Authority must continue to maintain the plan and deliver the provision within it until either the right of appeal expires (2 months from the date of the decision) or until the conclusion of any appeal made.

Can An EHCP Be Refused?

If the Local Authority refuse to give your child an EHCP, it usually means they think the school is already doing enough to meet all of your child’s needs and/or can do so from their own resources. But sometimes this isn’t the case. Unfortunately, our Education Lawyers often see examples of cases where EHCPs are wrongly refused. Such refusals can be appealed to the SEND Tribunal.  

The SEND Tribunal can determine certain issues when there's a disagreement about your child's special educational needs. If you think your child is not getting the right support from the school, you might be able to appeal to the SEND Tribunal. Our specialist Education Lawyers know how to guide you through this process. They'll make sure your concerns are heard, and your child gets the help they really need.

Here are some reasons you might appeal:

• Refusal to assess your child’s SEN.
• Refusing to issue an EHC Plan: If the Local Authority decide not to give your child an EHC Plan, and you think they need one, you can appeal.
• Disagreements about the EHC Plan: If you don't agree with what's written in the EHC Plan, such as the support specified, you can appeal.
• Choosing a School: If you're not happy with the school named in the EHC Plan, you can appeal.

How To Apply For an EHC Plan?

Parents can initiate this process themselves and you do not have to wait for the school to initiate a request. However, evidence from a school which is in support of an EHCP will always be beneficial.

Here's an overview of the steps involved in requesting an EHC plan:

1. Contact Your Local Authority:

If you believe that an EHCP is necessary for your child then you must first request that the Local Authority carry out an EHC needs assessment. This request should be made in writing. Your Local Authority must respond to such a request within six weeks confirming whether they agree to an assessment.

Unfortunately, it is not uncommon for requests for assessments to be refused. If they are then you can challenge the decision to the SEND Tribunal. The test for determining whether an assessment is needed is whether a child or young has or may have special educational needs and whether they might require additional support through an EHCP.

2. Gather Supporting Evidence:

Once the Local Authority agrees to conduct an assessment or indeed if they are ordered to do so by the Tribunal they should collect evidence to fully explore and investigate the child or young person’s needs. This evidence must include advice from an educational psychologist and can include advice from others working with the child. Parents and school should also be consulted.

Once all of the information is collected, the Local Authority must determine whether an EHCP is necessary to meet the child’s needs. Effectively, they are determining whether a child’s needs can and will be met from within the school’s ordinary resources. If they cannot then an EHCP should be issued.

Local Authorities sometimes refuse to issue EHCPs. If they do then this decision can be appealed to the SEND Tribunal.

3. Draft EHC Plan:

If the Local Authority agree to issue an EHCP or indeed are ordered to do so then they should use the gathered information to draft the EHCP. A draft EHCP be shared with you and you should be given a least 15 days to provide feedback on the plan.

At this stage, our Education Lawyers always advise looking at the wording carefully to ensure that it meets the specific needs of your child and is sufficiently specified and quantified in order to leave no room for doubt as to what your child needs. This is also your opportunity to tell the Local Authority what school you wish your child to attend. This could be their existing school or it could be a different school.  

4. Receipt of Final Document:

Following the review of feedback, the Local Authority should make necessary adjustments to the draft plan and issue the final EHC plan. They may not agree with all or any of your proposed amendments so it is essential to check the final version carefully once issued.

If the Local Authority does not refuse to assess and/or refuse to issue an EHCP then the final EHCP should be issued within a maximum of 20 weeks from the date of the initial request for assessment. There are some situations where it can legitimately take longer including:

• Where an appeal is needed
• Where a request is made in the summer holidays.

In other situations, our lawyers see extraordinary delays with no legitimate or lawful excuse. Such delays can be challenged by way of judicial review.

5. Appealing a Decision:

Once a final EHCP is issued, parents or the young person themselves have a right to challenge the contents of the EHCP to the SEND Tribunal. This can include a challenge against the school named within the EHCP if you do not consider it suitable for the child or young person. It can also include a challenge against the description of needs and/or the provision specified to meet those needs.

The Tribunal have maintained the right to make recommendations for the health and social care parts of EHCPs following the success of the National Trial. These appeals are now known as ‘Extended Appeals.’

Our education solicitors can:

• Advise on the merits of any SEND appeal
• Run a SEND Tribunal for you
• Represent you at the final hearing
• Advise on requests for EHC needs assessments
• Challenge unlawful delays in assessing and/or issuing EHCPs
• Advise you on the wording of EHCPs and whether such wording is lawful

We can do as little or as much as you need us to and we will always tailor our advice to yours and your child’s needs.